Not So Normative After All: The Securitization of Migration since 9/11 and the Erosion of Normative Power in Europe

1970 ◽  
Vol 2 ◽  
Author(s):  
Adam Moscoe
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Risk Society ◽  
Global Risk ◽  
Traditional Role ◽  
Transnational Terrorism ◽  
Normative Power ◽  
Eu Member States ◽  
Universal Human Rights ◽  
Human Rights Norms

Since the terrorist attacks of September 11, 2001, accelerated initiatives tocombat terrorism have been criticized for overstepping the bounds of universal human rights norms. A defining feature of European Union (EU) policy as a normative power is how it navigates the customary frictions between human rights and counterterrorism by committing to “combat terrorism globally while respecting human rights, and make Europe safer, allowing its citizens to live in an area of freedom, security and justice.” This paper argues that the threat of transnational terrorism has led Europe to stray from its normative position. This is most clearly understood by examining the securitization of EU interactions with the Mediterranean - particularly North Africa - with regard to migration policy. Migration is considered as “transformed into a key element in the context of transnational threats,” and indeed EU Member States are targeted by Islamist terrorists entering EU soil by way of the Middle East or the Maghreb. Finally, this paper explores how the post-9/11 threat environment - anintensified “global risk society” -has led the EU to downplay its traditional role in ensuring protection of universal human rights through such normative instruments as the European Court of Human Rights (ECtHR).

Human Rights in EU Migration Laws and Policies

2021 ◽  
pp. 463-538
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Free Movement ◽  
Current Status ◽  
Eu Member States ◽  
Immigration And Emigration ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
Laws And Policies ◽  
The Eu

This chapter analyses the tools used as part of EU migration policy and argues that these are very much focused on control which has negative implications for the human rights of migrants. The EU's current status as a major international player in migration governance has become only possible after the development of the relevant competences on migration and asylum. The original Treaty of Rome included no provisions on migration other than those ushering in the free movement of workers among EU Member States. Today, the free movement of EU Member State nationals has been incorporated into the notion of EU citizenship which does not create a new and separate bond of nationality between the EU and the citizen, but refers to a collection of rights, duties, and political participation stemming from EU law. While the notion of migration covers both immigration and emigration, the chapter focuses on the laws and policies regulating immigration into the EU and briefly touches upon third country nationals' (TCNs) rights of residence and movement within the EU.

scholarly journals THE RIGHTS AND DUTIES OF THE DETAINED PERSONS

2011 ◽  
Vol 1 (3) ◽  
pp. 7
Author(s):  
Iveta Adijāne
Keyword(s):  
Human Rights ◽  
Illegal Immigration ◽  
Migration Policy ◽  
The Other ◽  
Member States ◽  
Eu Member States ◽  
Entry Regulations ◽  
The Eu

The recent incidents in the EU prove the fact that the problem of prevention of illegal immigration exists and becomes more and more urgent. The number of detained foreigners increases and enrages the whole EU migration policy. However, we cannot speak only about the security of the EU member states, on the other side of the problem there are foreigners, who due to different reasons have broken residence and entry regulations. And the most important here we have to remember about is the human rights of the detained foreigners. It does not matter where and when somebody is, no one can infringe his or her rights, which according to the definite normative acts should be respected and recognised by all control institutions. At the same time foreigners have to respect our laws, which define their duties. Latvia still gets in touch with the problems connected with both applying foreigners’ rights and providing fulfilment of duties.

scholarly journals Educational internationalism, universal human rights, and international organisation: International Relations in the thought and practice of Robert Owen

2013 ◽  
Vol 40 (4) ◽  
pp. 729-751 ◽  
Author(s):  
THOMAS RICHARD DAVIES
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Significant Contribution ◽  
Theory And Practice ◽  
Social Reformer ◽  
Early Nineteenth Century ◽  
Universal Human Rights ◽  
Human Rights Norms ◽  
Human Rights Standards

AbstractRobert Owen, the early nineteenth-century social reformer, made a greatly more significant contribution to the theory and practice of International Relations than has hitherto been assumed. This article shows how Owen helped to develop an understudied but distinctive form of internationalist thought focusing on the role of education in the pursuit of peace. Owen's previously neglected contributions to human rights norms and to international organisation are also explored, including his promotion of universal rather than nationally-oriented human rights standards, his role in the nascent movement towards the formation of international non-governmental organisations, and his contribution to international federalist ideas. Following an introduction to Owen's place in the literature, this article discusses each of these contributions of Owen to the theory and practice of International Relations in turn. The analysis reveals that Owen's contributions in each of these aspects are as significant for their limitations as for their insights.

scholarly journals Are Universal Human Rights Universal?

Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 67-77
Author(s):  
Ildus Yarulin ◽  
Evgeny Pozdnyakov
Keyword(s):  
Human Rights ◽  
Second World War ◽  
Fundamental Rights ◽  
World War ◽  
International Human Rights ◽  
Universal Human Rights ◽  
Human Rights Norms ◽  
The Individual ◽  
International Instruments ◽  
Second World

One of the issues constantly discussed in the context of human rights is their assessment as universal or relative. International human rights norms are universal, which corresponds to the nature of human rights. The process of universalization of human rights began after the second world war with the creation of the United Nations, whose Charter declared its determination to reaffirm faith in the fundamental rights of the individual, in the equality of men and women and in the equality of nations large and small. These intentions of the organization were confirmed by the adoption of universal documents: the International Bill of Human Rights, including the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights, opened for signature on December 16, 1966, and other acts. However, the problem lies in the fact that human rights recognized at the international level as universal and enshrined in international instruments, which must be respected by all and everywhere, lose the signs and qualities of universality under the influence of various socio-cultural, national traditions and customs, religious and other factors, and acquire the meaning or status of relative ones.

EU or UK Child-Sponsored Family Reunification Policy: Who’s Right? Whose Rights?

2021 ◽  
Vol 23 (3) ◽  
pp. 245-283
Author(s):  
Chris Downes
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Family Members ◽  
Family Reunification ◽  
Children At Risk ◽  
Unaccompanied Minors ◽  
Eu Policy ◽  
Eu Member States ◽  
Human Rights Norms ◽  
The Uk

Abstract The increase in numbers of children travelling unaccompanied to Europe has provoked a sensitive debate as to how to treat their family members. While EU Member States generally grant family reunification for unaccompanied minors, the UK has opted to permit reunion in only ‘exceptional circumstances’. Widely criticised, the UK government counters that child-sponsored family reunification creates incentives for unaccompanied migration that place children at risk. This article explores both policies from a human rights perspective. It suggests that, as regards children reaching Europe, EU policy is more consistent with human rights norms. However, UK policy raises legitimate questions about obligations towards children beyond Europe’s borders. A rights-based justification for either EU or UK policy can be constructed, but requires recourse to additional principles on the balancing of rights among different groups of children. Clearer articulation and scrutiny of these principles could strengthen the rights rationale for child-sponsored family reunification.

scholarly journals Incorporation of Universal Human Rights’ Norms in Municipal Law

2021 ◽  
Vol 6 (1) ◽  
pp. 98-118
Author(s):  
Moosa Akefi Ghaziani ◽  
Mohammad Akefi Ghaziani
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Analytical Method ◽  
Legal Framework ◽  
Legal Challenges ◽  
Universal Human Rights ◽  
Municipal Law ◽  
Human Rights Norms ◽  
Secular State

The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.

Reconciling Rights and Obligations

2003 ◽  
Vol 20 (3-4) ◽  
pp. 140-172
Author(s):  
Pernille Ironside
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Common Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Northern Nigeria ◽  
Law System ◽  
Constitutional Legality ◽  
Human Rights Norms ◽  
Criminal Matters

This article examines the debate concerning the recent reinstatement of Shari`ah law with respect to criminal matters in Northern Nigeria. The discussion explores the inherent challenges in reconciling the equally entrenched and passionate views of pro-Shari`ah supporters on their right to freedom of religion with those that question its application in terms of human rights norms and obligations, and its constitutional legality. The analysis concludes that Shari`ah laws can coexist with Nigeria’s common law system and remain relevant in the context of Islam, provided that its principles are adapted and modernized to comport with international standards for due process and are interpreted and applied consistently.

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